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Category Archives: Relationship between LOAC and IHRL

Findings, Conclusions and Areas of Dispute Between the SSCI Report, the Minority, and the CIA: Part Five

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Friday, December 12, 2014 at 9:36 PM

Here is the fifth and final installment in our running, side-by-side comparison of the twenty findings and conclusions of the Senate Select Committee on Intelligence’s Study on the CIA’s Detention and Interrogation Program—along  with responses by the Committee Minority and the CIA. Summaries of Study findings seventeen through twenty can be found below.  By way of reminder, . . .
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Findings, Conclusions and Areas of Dispute Between the SSCI Report, the Minority, and the CIA: Part Four

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Thursday, December 11, 2014 at 4:25 PM

In this post, we proceed with Lawfare’s ongoing, side-by-side comparison of the SSCI Study’s key findings, and responses to them by both the SSCI Minority as well as the CIA. By way of reminder, the SSCI’s Study made twenty findings and conclusions about the CIA’s detention and interrogation practices after 9/11—twelve of which the blog has summarized so . . .
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CIA Director Brennan Delivers a Statement on SSCI Report

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Thursday, December 11, 2014 at 1:28 PM

At approximately 1:40 p.m., John Brennan, the Director of the Central Intelligence Agency, will make a statement on the SSCI’s detention and interrogation study.  Here’s the CSPAN video: Here is the text of Brennan’s remarks: It was 8:46 a.m. on the morning of September 11th, 2001, when the North Tower of the World Trade Center . . .
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Released: SSCI Detention and Interrogation Study, Along With Minority Views and the CIA’s Response

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Tuesday, December 9, 2014 at 11:19 AM

Here is the long-awaited Executive Summary of the Senate Intelligence Committee’s Study of the CIA’s Detention and Interrogation Program.  The latter includes in a single file a foreword authored by Senator Feinstein, as well as the Study’s findings and conclusions.  Additionally, the Committee also has published these materials: Senator Feinstein’s statement;  a history of key dates in in . . .
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The Convention Against Torture: Extraterritorial Application and Application to Military Operations

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Sunday, October 26, 2014 at 10:37 AM

Belatedly, I want to join the discussion about the extraterritorial application of the Convention Against Torture (CAT), about which Jack commented on Friday, drawing on an article by Charlie Savage earlier in the week. The New York Times opined on the issue on Tuesday in one of its typically misleading, “don’t-confuse-me-with-the-facts” editorials that suggested that the . . .
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Diane Webber on the ECHJ Opinion in Hassan

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Monday, September 29, 2014 at 7:58 AM

Diane Webber, a British lawyer who recently did a lengthy study of detention law in a variety of countries, writes in with the following account of the European Court of Human Rights decision earlier this month in Hassan v. United Kingdom (ECHR Application No. 29750/09, Judgment of Grand Chamber, September 16, 2014): In an important decision this . . .
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Transatlantic Dialogue on Int’l Law and Armed Conflict: Geoff Corn on Battlefield Regulation and Crime

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Tuesday, September 16, 2014 at 3:30 PM

Continuing our coverage of the Transatlantic Dialogue on International Law and Armed Conflict, Lawfare is pleased to publish the discussion paper for the conference that Geoff Corn (South Texas) produced on the topic of how criminal responsibility relates to battlefield regulation. Squaring the Circle: The Intersection of Battlefield Regulation and Criminal Responsibility During our conference, . . .
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Transatlantic Dialogue on Int’l Law and Armed Conflict: Lawrence Hill-Cawthorne Responds to Sarah Cleveland

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Tuesday, September 16, 2014 at 1:49 PM

The newest installment in the Transatlantic Dialogue series (see here) has gone live at EJIL:Talk!. It is from Lawrence Hill-Cawthorne (U. of Reading), and it responds to Sarah Cleveland’s earlier post on the Project on Harmonizing Standards for Armed Conflict. A taste:

Transatlantic Dialogue on Int’l Law and Armed Conflict: Ken Watkin on the IHL/IHRL Interface

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Friday, September 5, 2014 at 6:59 PM

The next installment in the series of posts derived from this summer’s Transatlantic Dialogue on International Law and Armed Conflict is now live at the ICRC’s Intercross blog. It is from Ken Watkin, and it concerns the overlap of IHL and IHRL. A taste: It is possible to address the perennial debate about the relationship . . .
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Report of the Stimson Center Task Force on Drone Policy

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Thursday, June 26, 2014 at 3:27 PM

The Stimson Center released today the report of its Task Force on US Drone Policy.  The ten-member task force, of which I was a member, was chaired by General John Abizaid and Rosa Brooks.   The report makes eight recommendations for overhauling US drone strategy; improving oversight, accountability, transparency and clarifying the international legal framework applicable . . .
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Readings: Can Non-State Actors Mount an Armed Attack? by Kimberly N. Trapp

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Wednesday, June 11, 2014 at 3:29 PM

Among the issues separating the American understanding of international law regarding transnational non-state actor armed groups from that of the “international community” (or at least an influential and significant part of UN officialdom, international law academics, international tribunals, international human rights NGOs, and governments particularly in Europe) is whether it is even possible for a . . .
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The AUMF and IHL’s Field of Application

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Wednesday, April 9, 2014 at 12:00 PM

Our friends at the ICRC DC delegation have a wonderful blog, intercross, and often use it to host brief exchanges among scholars and practitioners on current IHL and IHL-related issues. Right now, they’re digging into questions about IHL’s applicability in connection with the 2001 AUMF (e.g., whether passage of the AUMF automatically brought IHL to . . .
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The US and Human Rights: A Federalist Society Debate

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Thursday, March 20, 2014 at 7:36 PM

Criticizing the US stance on human rights treaties is practically an international sport, as evidenced by the bruising reception the UN Human Rights Committee (HRC) gave to a US delegation last week.  As Bobby reported here, the US disappointed the HRC by declining to agree with former State Department Legal Adviser Harold Koh’s recently disclosed . . .
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A Reply to Wittes on the United States and Extraterritoriality

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Monday, March 10, 2014 at 4:34 PM

I’m usually a big fan of Ben’s cogent observations on Washington’s folkways.  Unfortunately, I can’t be as enthusiastic about Ben’s reply to my earlier post on Harold Koh’s memos regarding extraterritoriality of human rights treaties.  Ben overstates the duration of the United States’ position against extraterritoriality.  He also includes some pokes at Koh’s service as . . .
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Extraterritoriality and Human Rights: Time for a Change in the U.S. View?

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Saturday, March 8, 2014 at 8:11 AM

As Jack has frequently observed, legitimacy and effectiveness often go hand-in-hand.  The two comprehensive State Department memoranda by former Legal Adviser (and Yale Law School dean) Harold Koh released Friday on extraterritoriality under the ICCPR and Convention Against Torture make this point powerfully and persuasively (see commentary by Marko Milanovic here and Jennifer Daskal here).  . . .
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Readings: “Charting the Legal Geography of NIAC” by Michael Schmitt

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Monday, February 3, 2014 at 1:11 PM

I’ll be participating this week in a Naval War College workshop on “Legal Implications of Autonomous Weapons,” and since my presentation topic at the workshop is “area of operations” with respect to autonomous weapons, I thought it might be a good idea to check on any recent scholarship on what has come to be called . . .
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Readings: “Using Force on Land to Suppress Piracy at Sea,” by Steven R. Obert

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Saturday, February 1, 2014 at 5:00 PM

Although piracy in the Indian Ocean by Somali pirates is sharply down in the last year or two, threats remain and an increase in attacks is far from impossible.  After all, little has been done to disrupt the land-based organizational, logistical, and financial structures of  Somali piracy.  Nearly all anti-piracy use-of-force actions have taken place . . .
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Modirzadeh on National Security Law as a Field

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Friday, January 24, 2014 at 6:00 PM

Naz Modirzadeh (Senior Fellow at the Counterterrorism and Humanitarian Engagement Project) has a paper in the latest issue of the Harvard National Security Journal that (i) posits the existence of distinct tribes of IHL and IHRL scholars in America and (ii) contends that members of both tribes modulated their positions over the past dozen years . . .
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The More You Attempt Capture Operations, the Less Feasible They Become

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Friday, November 1, 2013 at 5:16 PM

A coda to Bobby’s post below asking about the legal views underlying US operations in Somalia over the past three weeks.  Three weeks ago, SEALs attempted a capture operation against a target on the coast of Somalia.  The SEAL team withdrew without capturing its target, on account of risks to noncombatants, it was reported.  Three . . .
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Interim Report by UN Special Rapporteur Ben Emmerson on Drones in Counterterrorism Operations

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Thursday, October 17, 2013 at 3:00 PM

You can find the interim report—the final won’t be submitted to the U.N. Human Rights Council until 2014, apparently—here. There’s a good bit to pore over in the paper authored by Emmerson, with whom Lawfare chatted during his May fact-finding trip to the United States.  (Just Security’s Sarah Knuckey, who Emmerson consulted in the course of his work, . . .
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